Warner v. AT & T Mobility Services LLC

Filing 13

STIPULATION AND ORDER REGARDING REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. Case Management Conference set for 1/30/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/25/13. (cl, COURT STAFF) (Filed on 9/25/2013)

1 Shelley G. Bryant (SBN 222925)
[e-mail]
2 BRYANT WHITTEN, LLP
8050 N. Palm Avenue, Suite 210
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Fresno, CA 93711
4 Tel. [phone]
Fax [phone]
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Attorneys for Plaintiff
6 REBECCA WARNER
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M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

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Donna M. Rutter (SBN 145704)
[e-mail]
Mani Sheik (SBN 245487)
[e-mail]
MILLER LAW GROUP
A Professional Corporation
111 Sutter Street, Suite 700
San Francisco, CA 94104
Tel. [phone]
Fax [phone]

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Attorneys for Defendant
14 AT&T MOBILITY SERVICES, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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REBECCA WARNER,

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Plaintiff,

20 v.
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AT&T MOBILITY SERVICES, LLC, and
22 unknown business entity, and DOES 1
through 20, inclusive,
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Case No.: CV 13-03200 RS

JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING REQUEST TO
CONTINUE INITIAL CASE MANAGEMENT
CONFERENCE
CMC Date:
Time:
Dept.:

October 17, 2013
10:00 A.M.
Courtroom 3

Defendants.

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First Amended Complaint filed: Aug. 15, 2013

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING REQUEST TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE - Case No.: CV 13-03200 RS

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The parties, through their respective undersigned counsel, stipulate and

2 respectfully request that the Initial Case Management Conference, currently set for October
3 17, 2013, at 10:00 a.m., be continued to a later date convenient for the Court and parties,
4 which date occurring no earlier than January 27, 2014.
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The parties further stipulate and request that all outstanding deadlines be

7 continued as follows:
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1.

The date by which Defendant must respond to Plaintiff’s First

Procedure 12(a) and Local Rule 6-1(b)) will be November 18,

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M ILLER L AW G ROUP

Amended Complaint (pursuant to Federal Rule of Civil

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A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

10

2013.

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2.

The last day for the parties to file a Joint Case Management

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Statement (pursuant to the Court’s order in Docket Number 11)

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and exchange Initial Disclosures (Federal Rule of Civil

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Procedure 26(a)(1)), which are both currently set for October 10,

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2013, will be January 20, 2014.

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Good cause exists for this request. Specifically, this request is made on the

21 ground that the parties have agreed to mediate their dispute and have a confirmed
22 mediation date of October 30, 2013.
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This request is also made on the ground that, while the parties remain hopeful

25 that private mediation will settle their dispute, if mediation is not successful, the parties
26 anticipate immediate motion practice regarding whether this matter is properly before this
27 Court or whether the matter should instead be arbitrated pursuant to an arbitration
28 agreement.
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING REQUEST TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE - Case No.: CV 13-03200 RS

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Thus, the parties stipulate and therefore request that the Court continue the

2 Initial Case Management Conference and other outstanding deadlines to provide sufficient
3 time for mediation and, if that is not successful, to file and have heard a motion to compel
4 arbitration.
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7 Dated: September 24, 2013

BRYANT WHITTEN, LLP

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By:

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M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

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Dated: September 24, 2013

/s/
Shelley G. Bryant
Attorneys for Plaintiff
REBECCA WARNER

MILLER LAW GROUP
A Professional Corporation

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By:

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/s/
Donna M. Rutter
Mani Sheik
Attorneys for Defendant
AT&T MOBILITY SERVICES, LLC

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING REQUEST TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE - Case No.: CV 13-03200 RS

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[PROPOSED] ORDER

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT the Initial
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Case Management Conference shall be continued to January 27, 2014, at __:___ _.m., and
10 00 a
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that the parties must file a Joint Case Management Statement and exchange Initial
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Disclosures by January 20, 2014.
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It is further ordered that Defendant’s response to Plaintiff’s First Amended
Complaint shall be filed by November 18, 2013.

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M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

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Dated: 9/25/13
Hon. Richard Seeborg
Judge of the U.S. District Court

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4827-5900-8277, v. 1

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING REQUEST TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE - Case No.: CV 13-03200 RS